Tennessee bill would remove local authority to ban guns in local parks

NASHVILLE — When the Tennessee legislature enabled handgun-carry permit holders to go armed in state and local parks in 2009, it allowed towns, cities and counties to "opt out" of the law and ban guns from local parks under their jurisdictions.

Memphis, Germantown and Shelby County were among places across the state that maintained gun bans in their parks and other recreation areas.

Senate Bill 1496 filed last week by Sen. Stacey Campfield, R-Knoxville, and Rep. Tilman Goins, R-Morristown, would repeal the provision allowing cities and counties to prohibit people with carry permits from carrying guns in public parks, campgrounds and similar places. It nullifies previously adopted ordinances as well, and removes requirements for signs in parks displaying the criminal punishments for carrying weapons there.

A separate bill, SB 1756, would prohibit any regulation of firearms by local governments. Others attempt to forbid any federal regulation and enforcement of guns in Tennessee.

They are among dozens of gun bills the legislature is considering in its 2014 session that opened last week and runs through April. Others would forbid employers and property owners from "taking any adverse action" against any person or employee who bring guns in their vehicles onto their property, and allow anyone without a criminal record to carry handguns in their vehicles rather than just gun-carry permit holders. Non permit-holders may already keep rifles and shotguns in their vehicles.

The Tennessee Firearms Association lists the parks bill among its "top tier" bills for support and has encouraged its members to express support to lawmakers.

"Tennessee needs a consistent and standardized state policy concerning individuals with handgun permits and whether they can enter public parks in the state," said Nashville lawyer and TFA President John Harris. "Under current law, all state and federal parks allow permit holders to be in possession of their firearms. There is no indication that this has resulted in any problems."

The 2009 parks law allowed local legislative bodies to enact ordinances exempting their local parks, greenways and recreation areas from the statewide law. The Memphis City Council, Shelby County Commission and Germantown Board of Mayor and Aldermen did.

Germantown Mayor Sharon Goldsworthy said her city's "concerns about guns in parks and on the greenway haven't changed since the initial legislation that opened these public properties as ‘carry' areas. We don't think guns are a good mix with children and families and other people who have come to a park or playing field or on the greenway.

"Fortunately, there was a provision for municipalities to opt out. Our board chose to do so and I have no reason to think that position has changed. We posted the ban at entrances and those signs remain intact. The safety and security of our residents and visitors is the top priority for city government. Our police department and park rangers work effectively every day to make our public spaces safe places to be and to use," Goldsworthy said.

Memphis Chief Administrative Officer George Little said the city opposes the parks bill in part because of the pre-emption of local control over locally owned public properties.

"We oppose the bill, yes. We think that for lawful hunting in appropriate areas, gun possession makes perfect sense but as a general proposition, no we don't want any more guns than we've already got in our parks," Little said. "We don't feel that the possession of personal firearms would significantly enhance public safety. We've got a great police force and a great sheriff down here and we're quite satisfied with their ever-improving efforts.

"We've got cameras and bike patrols, and the Sheriff's Department and police cruise the parks. At the city and county level, there's a pretty heavy law enforcement presence already."

Harris said the current law "has created significant confusion about which parks are local, state or federal and which local parks, greenways, nature areas and similar public spaces are open or closed to handgun permit holders." Harris said it's also "important that citizens and tourists who can legally carry a firearm in Tennessee not be exposed to criminal prosecutions merely for carrying in an open public space particularly when such spaces frequently have no full-time law enforcement presence."

The parks bill was set for review in the Senate Judiciary Committee Tuesday but was postponed until Tuesday. No hearing has been set on the House version, HB 1407.